Opinions June 30, 2014

June 30, 2014
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court
The following opinions were issued Friday after IL deadline.

Keion Gaddie v. State of Indiana
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement, holding that I.C. 35-44.1-3-1(a)(3), the statute defining the offense of resisting law enforcement by fleeing after being ordered to stop, must be construed to require that a law enforcement officer’s order to stop be based on reasonable suspicion or probable cause. On that basis, there was insufficient evidence against Gaddie to support the conviction.

Donald Murdock v. State of Indiana
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement, holding the evidence and reasonable inferences established Murdock knowingly or intentionally fled from a law enforcement officer’s order to stop that was based on reasonable suspicion of criminal activity.

Dexter Berry v. State of Indiana
Criminal. Reverses and remands with instructions to accept or reject the plea agreement as written. Rules that the court lacked the authority under terms of the plea agreement to impose on the defendant one year of work release as a condition of probation following his 10-year sentence. The trial court was allowed to order probation after the defendant served his sentence but it could not impose punitive conditions like restrictive placement.

Tin Thang v. State of Indiana
Criminal. Affirms conviction of Class B misdemeanor public intoxication. Finds based on the evidence the trial court could conclude beyond a reasonable doubt that the defendant had been intoxicated in a public place while endangering the life of himself or others. Justices David and Rucker dissent.
June 30
Indiana Court of Appeals

Dennis Samples v. Steve Wilson and Donald & Ingrid Bannon, husband and wife, and Ronald & Edna Bannon, husband and wife
Civil plenary. Affirms trial court denial of motion to correct error in judgment in favor of defendants, holding that Dennis Samples had not proven the court erred in finding the expansion of a dam on neighboring property encroached on his land or was a nuisance.

Anissa L. Tyler v. State of Indiana (NFP)
Post conviction. Reverses denial of post-conviction relief; vacates convictions of murder and Class A felony aiding, inducing or causing robbery; and remands for retrial, finding the court erred in determining that Tyler received effective assistance of counsel.

Doaa I. Ebrahim v. Essam Otefi (NFP)
Domestic. Affirms denial of Ebrahim’s motion for relief from judgment from the trial court’s dissolution of marriage decree.

Darcel Edwards v. State of Indiana (NFP)
Criminal. Affirms placement split between Department of Correction and work release on an eight-year sentence for conviction of Class B felony dealing in cocaine.

Cheryl Rodriguez v. Sourthern Dunes Golf, LLC (NFP)
Civil plenary. Affirms judgment in favor of Southern Dunes.

Bernard A. Burrell v. State of Indiana (NFP)
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing cocaine.

Katherine Fraze v. Floyd County Health Department, and City of New Albany and Animal Control (NFP)
Collection. Affirms trial court denial of motion to correct error in favor of the city limiting the number of dogs Fraze could keep on her property.
Anthony Ray Willoughby v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief.
In re: The Visitation of W.G.R. (Minor Child) M.W.R., Father v. K.G. and D.G., Maternal Grandparents (NFP)
Miscellaneous. Remands order for grandparent visitation for findings of fact and conclusions of law.
Chad Thomas Gates v. Shannon Leigh Gates (NFP)
Domestic. Affirms trial court denial of father’s petition to modify custody.
Ralph Dennis Gabriel, Jr. v. State of Indiana (NFP)
Criminal. Affirms 14-year sentence for conviction of Class B felony burglary.

Robert Birk v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony possession of a narcotic drug and Class A misdemeanor driving while suspended.
James Pello v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief.
Walter L. Logan v. State of Indiana (NFP)
Criminal. Affirms 28-year aggregate sentence of Class C felony reckless homicide and Class B felony possession of cocaine.
Tyrone R. McGee v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.
Stephan Gallagher v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief.
Brandon Scroggin v. State of Indiana (NFP)
Criminal. Dismisses as untimely Scroggin’s appeal of convictions of Class C felony receiving stolen auto parts, Class D felony counts of arson and intimidation, and Class A misdemeanor criminal mischief.

Diamond Staples v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday. 7th Circuit Court of Appeals issued no Indiana opnions by IL deadline.


Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.